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Original poster

Herald headline about NHS Fife

31 replies

Dumbo12 · 14/08/2025 11:54

I can't access the full article, but it appears that NHS Fife have admitted that they broke the law, by not having carried out an equality impact assessment, prior to allowing Dr Upton to use the female changing room.

OP posts:
Lins77 · 14/08/2025 12:00

The Equality and Human Rights Commission (EHRC) has now ordered the health board to “carry one out immediately”.

The watchdog first wrote to bosses at NHS Fife on February 21 to remind them of their obligations under the Equality Act 2010 around single-sex spaces, including a “duty to assess and review proposed new or revised policies or practices”.

That followed the first two weeks of the Sandie Peggie employment tribunal.

There is more.

IDareSay · 14/08/2025 12:02

Here I hope:

<a class="break-all" href="https://archive.ph/2025.08.14-092241/www.heraldscotland.com/news/25389155.sandie-peggie-nhs-fife-tells-watchdog-broke-law" rel="nofollow" target="_blank">https://archive.ph/2025.08.14-092241/www.heraldscotland.com/news/25389155.sandie-peggie-nhs-fife-tells-watchdog-broke-law/

PestoHoliday · 14/08/2025 12:21

Wow.

So after putting Sandy through this for nearly 2 years (from first encountering Upton in the changing room in September '23) and destroying her professional and personal reputation, they admit they acted illegally all along?

Bugger me. Do the have no shame?

MyAmpleSheep · 14/08/2025 12:21

I wonder who will - and who should have - drawn up the EIA?

Could it be the fragrant Isla Bumba?

Can't wait to read it.

WearyAuldWumman · 14/08/2025 12:30

MyAmpleSheep · 14/08/2025 12:29

"NHS Fife has launched an urgent equality review into transgender staff accessing single-sex changing rooms, after admitting it broke the law by failing to carry one out previously."

Wow. Finally...

hholiday · 14/08/2025 12:43

I love Maya’s quote in this story. It’s a great summary of where we are - gender ideology has taken hold of so many public institutions and they are using weasel words to break the law. They must be held to account - every last one of them.

Lins77 · 14/08/2025 13:09

Yes, very clear and powerful comment from Maya.

Original poster
Dumbo12 · 14/08/2025 13:23

Thank you to @Lins77 and @IDareSay and @MyAmpleSheep for filling in the gaps. I couldn't get to the article, but had seen the headline.
I find it beyond appalling that they have admitted this, so late in the day and after Sandy Peggie had to go through all that.

OP posts:
Lins77 · 14/08/2025 13:26

I wonder if equalities lead Isla Bumba has ever heard of an equality impact assessment till now.

TwoLoonsAndASprout · 14/08/2025 13:30

Archive:

archive.is/1mXIy

JamieCannister · 14/08/2025 13:52

Surely this has to be the biggest red herring ever?

Surely an EIA could be done as follows - "we know many women like single sex spaces for reasons of privacy, dignity and safety, and we know many women need them for reasons of religion or their experience of sexual assault, and therefore it is 100% obvious we need to have single sex spaces".

An EIA on additional mixed sexed spaces would be more interesting - weighing up the desires of some men to access vulnerable women, and the virtue signalling of some women who claim to be fine with mixed sex spaces (but can we trust them when they tell us that), with the cold hard fact that to allow mixed sex changing rooms is by definition to increase the risk of women being sexually assaulted?

I cannot see how an employer can consent to providing facilities that the employer knows puts women at increased risk of assault, even if (some) women say they don't mind the additional risk.

RedNine · 14/08/2025 13:55

Where does this leave Sandie and the tribunal?

Hoping our legal eagles can offer an opinion on what might happen now.

AnSolas · 14/08/2025 14:06

PestoHoliday · 14/08/2025 12:21

Wow.

So after putting Sandy through this for nearly 2 years (from first encountering Upton in the changing room in September '23) and destroying her professional and personal reputation, they admit they acted illegally all along?

Bugger me. Do the have no shame?

Two different but connected things

They should have done the assessment as part of the "transgender" policies so broke the law by not doing one.

There should be a mimimum of 2 other parties to whom they owe a duty of care (1) patients (2) staff.

But if there was one likely it would have found that Upton should be allowed use the womens (staff only) changing room.

They would have written down the thought process which concluded that Upton had to be recognised as a woman by all members of staff who were using the womens changing room.

Remember there were staff in positions of authority who wanted to call the police in for the crime of refusing to be watched by a man while changing clothing and having the cheek to say that to the watching man.

Had they been proactive and done a document check before the case they could (well should) have realised that they had not the document on file and then that it was never done. At this stage they could (should have before comitting to court action) have carried out the assessment. Again due to timing (pre SC case that TWANW) they could have used the same process and produced a document which said Upton had a right to use the womens changing room.

The lack of documentation or a choice to have a lack of documentation is a problem.

This lack of consideration coupled with Uptons statements (that he expcted other staff to bring him to a woman who asked for a woman doctor) highlights a failure of management at all levels to properly assess the impact of employing staff who claim to be the other sex in an environment where sex can really matter.

ItsAllGoingToBeFine · 14/08/2025 14:10

If it's anything like the one ScotGov did it will only look at gender reassignment as that is what they are aiming to impact, and all of the other categories will be N/A

Rhaidimiddim · 14/08/2025 14:29

Is there anyone here who can explain what an equality impact accessment involves, please? I get that, basically, it means the organisation has to do some thinking about a change they're about to implement and how they go anout it.

But who are they required to consult? Who judges whether they've done a proper one?

Edited tobadd: TIA

MyAmpleSheep · 14/08/2025 14:31

Rhaidimiddim · 14/08/2025 14:29

Is there anyone here who can explain what an equality impact accessment involves, please? I get that, basically, it means the organisation has to do some thinking about a change they're about to implement and how they go anout it.

But who are they required to consult? Who judges whether they've done a proper one?

Edited tobadd: TIA

Edited

Isla will download one from Google. It’s not a problem.

TheAutumnCrow · 14/08/2025 14:37

hholiday · 14/08/2025 12:43

I love Maya’s quote in this story. It’s a great summary of where we are - gender ideology has taken hold of so many public institutions and they are using weasel words to break the law. They must be held to account - every last one of them.

Yes, it’s impressive. I’m pleased Maya was also described correctly.

Maya Forstater, CEO of human rights charity Sex Matters said: "This directive to NHS Fife is an unprecedented intervention from the EHRC and the kind of muscle that has been lacking from regulators across the board since gender ideology first took hold of public institutions.

"While long overdue, this is a clear instruction to NHS Fife – and in fact all employers – that it cannot get away with continuing to flout the Equality Act.

"There have been relentless efforts to undermine the Supreme Court judgment since it was handed down, including organisations promoting the idea that it is difficult to understand, or that the rules protecting female-only spaces cannot be policed or should be up for negotiation.

"This leads to women being subjected to bullying, harassment and discrimination if they stand up, as Sandie Peggie did, for their right to undress with dignity and privacy.

"The EHRC is the Equality Act’s policeman and it has the power to hold employers, service providers and public sector bodies to account. Other regulators should also step up and do their job."

TheAutumnCrow · 14/08/2025 14:47

RedNine · 14/08/2025 13:55

Where does this leave Sandie and the tribunal?

Hoping our legal eagles can offer an opinion on what might happen now.

I’m morbidly fascinated (and made even more pissed off) by the fact that NHS Fife now seems to have been running three parallel process.

1 The Employment Tribunal defending themselves and Dr Upton

2 The disciplinary proceedings against Sandie Peggie for alleged misconduct

3 These remedial assessments and reviews as being negotiated since Feb 21 2025 with the EHRC.

Were there any personnel in common? If not, why not? Surely the board knew, and their senior legal and HR advisers?

How much was held back from the ET? From the Scottish information commissioner? Is Big Sond following this ‘with great interest’?

At this rate, maybe Sandie Peggie will have grounds to sue the board and potentially individuals on it. Trustees carry legal obligations. They are entrusted.

WimbledonWhites · 14/08/2025 15:23

At this rate, maybe Sandie Peggie will have grounds to sue the board and potentially individuals on it. Trustees carry legal obligations. They are entrusted.

I was going to ask whether Sandie could take any legal action.

Memoryhole · 14/08/2025 15:36

Has the good Law Project opined that this ´means nothing’ yet?
Dear old India had a melt down in the car?

how’s everyone taking it?

LadyBracknellsHandbagg · 14/08/2025 15:49

WearyAuldWumman · 14/08/2025 12:30

"NHS Fife has launched an urgent equality review into transgender staff accessing single-sex changing rooms, after admitting it broke the law by failing to carry one out previously."

Wow. Finally...

Show quote history

The word 'urgent' is doing a hell of a lot of heavy lifting here.

BundleBoogie · 14/08/2025 17:40

JamieCannister · 14/08/2025 13:52

Surely this has to be the biggest red herring ever?

Surely an EIA could be done as follows - "we know many women like single sex spaces for reasons of privacy, dignity and safety, and we know many women need them for reasons of religion or their experience of sexual assault, and therefore it is 100% obvious we need to have single sex spaces".

An EIA on additional mixed sexed spaces would be more interesting - weighing up the desires of some men to access vulnerable women, and the virtue signalling of some women who claim to be fine with mixed sex spaces (but can we trust them when they tell us that), with the cold hard fact that to allow mixed sex changing rooms is by definition to increase the risk of women being sexually assaulted?

I cannot see how an employer can consent to providing facilities that the employer knows puts women at increased risk of assault, even if (some) women say they don't mind the additional risk.

Yes, I’ve seen an EIA done by an education trust to justify making the toilets mixed sex. It was an absolute joke. Not surprisingly it concluded that mixed sex toilets are not detrimental to girls at all 🙄

I ripped it to shreds but they stuck to their guns knowing their was nothing I could do to make them do it properly.

BundleBoogie · 14/08/2025 17:46

NHS Fife quote from the article

“Our priority is to ensure that all NHS Fife policies and practices protect the rights of our staff and comply fully with equality legislation.”

Why am I finding that very hard to believe?